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Discriminating Tastes: Court Puts Long-running Robinson-Patman Act Case To Rest

Described as the Rodney Dangerfield of the antitrust laws, the Robinson-Patman Act—which prohibits anticompetitive price discrimination—gets no respect. The Justice Department and the Federal Trade Commission unapologetically...more

What the WTP? The Rise of Merger Simulation in Hospital Transactions

If you are a health system or hospital thinking about a potential transaction and your lawyers haven’t spoken with you about hospital merger simulation, then maybe you should be talking with someone else. What is...more

What the WTP?

If you are a health system or hospital thinking about a potential transaction and your lawyers have not spoken with you about hospital merger simulation, maybe you should be talking with someone else. What is hospital...more

To Report, or Not to Report, Your Non-Reportable Transaction Is the Question

Just because a proposed transaction does not have to be reported in advance to the Department of Justice (“DOJ”) or the Federal Trade Commission (“FTC”) because it falls below the Hart-Scott-Rodino (“HSR”) Act size of...more

Sometimes Merger Fixes Are as Close as the End of Your Nose

When it comes to negotiating merger remedies with federal antitrust enforcement agencies, the Department of Justice and the Federal Trade Commission each have guides or statements that may help. But as good as their guidance...more

Pharmaceutical Association Calls Out FTC in Filing Seeking to Enjoin New Rule Targeting the Industry

Last November, the Federal Trade Commission (“FTC”) with the “concurrence” of the Antitrust Division of the Justice Department, and over the strenuous objection of Pharmaceutical Research and Manufacturers of America...more

FTC Victory in Idaho Hospital-Physician Acquisition Case Should be a Wake-Up Call for Future and Past Deals

The ink is still drying on the Idaho federal district court’s order requiring St. Luke’s Health System (“St. Luke’s”) to unwind its acquisition of Saltzer Medical Group (“Saltzer”) – a for-profit, physician-owned,...more

Could an Idaho Healthcare Merger Impact Other Mergers, Including the American/US Airways Merger?

With the trial over, post-trial briefs due November 1, and closing arguments scheduled for November 7, a lot more is at stake than whether St. Luke’s Health System (“St. Luke’s”) can keep Saltzer Medical Group (“Saltzer”) – a...more

Provider Healthcare Merger Retrospective on the Horizon at FTC - Again?

With the first week in the Federal Trade Commission's (FTC) and Idaho attorney general's antitrust trial challenging St. Luke's Health System's (St. Luke's) acquisition of the Saltzer Medical Group (Saltzer), a for-profit,...more

Game Over — "Unique Circumstances" End FTC Challenge to Phoebe Putney Acquisition

After running the table in the Supreme Court with a unanimous decision and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (Phoebe Putney) and Palmyra Medical...more

Fix My Merger – Lessons from FTC Bureau Director Feinstein on the Use of Consent Orders to Remedy Anticompetitive Mergers

In her first speech since becoming Director of the Federal Trade Commission’s Bureau of Competition, Deborah Feinstein highlighted five benefits arising from addressing antitrust violations through consent orders and...more

FTC Investigations of Technology Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, a FTC attorney advisor who reviewed non-public information on decisions to investigate proposed...more

“Highly Unusual” Circumstances End FTC Challenge to Phoebe Putney Acquisition

After running the table in the Supreme Court with a unanimous decision, which we covered, and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (“Phoebe Putney”)...more

FTC Investigations of Pharma and Medical Device Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal titled “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the...more

FTC Investigations of Provider Healthcare Transactions: Am I at Risk?

A recent article published in the Antitrust Law Journal titled "A Survey of Evidence Leading to Second Requests at the FTC," by Darren S. Tucker, an attorney advisor to an FTC commissioner who reviewed nonpublic information...more

FTC Investigations of Energy and Chemical Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more

Will the FTC Investigate My Provider Healthcare Transaction?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more

7/31/2013  /  FTC , Hospital Mergers , Mergers

Are Consummated Hospital and Physician Mergers Now in the FTC’s Crosshairs?

Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, highlighted the FTC’s successful...more

FTC Again Confirms That Antitrust Law Encourages ACO Formation

Once again, the staff of the Federal Trade Commission (FTC) has rebutted calls by physician groups that state legislation is needed to allow independent physicians to collaborate....more

Supreme Court Rules That “Pay for Delay” Generic Drug Patent Settlements Are Not Shielded From Antitrust Liability

The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more

FTC: Dentists Not Shielded From Teeth-Whitening Competition

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

Antitrust Law Encourages Accountable Care Organizations (“ACOs”) Formation

Once again, the staff of the Federal Trade Commission (“FTC”) has rebutted claims by physician groups that state legislation is needed to allow independent physicians to collaborate....more

NC Dentists Can’t Stop Competition from Other Providers of Teeth-Whitening Services

The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

5/10/2013  /  Competition , FTC , Healthcare , Nurses

Promoting Healthcare Competition – The FTC’s Recent Comments on State Legislative/Regulatory Efforts Impacting Competition from...

In recent years, the Federal Trade Commission (“FTC”) has frequently commented on state efforts to either expand, or restrict competition faced by doctors from advanced practice registered nurses (“APRNs”). Generally...more

5/1/2013  /  Competition , FTC , Healthcare , Nurses
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